CHAPTER 1. GENERAL PROVISIONS
IC 35-50
ARTICLE 50. SENTENCES
IC 35-50-1
Chapter 1. General Provisions
IC 35-50-1-1
Authority to sentence
Sec. 1. The court shall fix the penalty of and sentence a person
convicted of an offense.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.110.
IC 35-50-1-2
Consecutive and concurrent terms
Sec. 2. (a) As used in this section, "crime of violence" means the
following:
(1) Murder (IC 35-42-1-1).
(2) Attempted murder (IC 35-41-5-1).
(3) Voluntary manslaughter (IC 35-42-1-3).
(4) Involuntary manslaughter (IC 35-42-1-4).
(5) Reckless homicide (IC 35-42-1-5).
(6) Aggravated battery (IC 35-42-2-1.5).
(7) Kidnapping (IC 35-42-3-2).
(8) Rape (IC 35-42-4-1).
(9) Criminal deviate conduct (IC 35-42-4-2).
(10) Child molesting (IC 35-42-4-3).
(11) Sexual misconduct with a minor as a Class A felony under
IC 35-42-4-9(a)(2) or a Class B felony under
IC 35-42-4-9(b)(2).
(12) Robbery as a Class A felony or a Class B felony (IC
35-42-5-1).
(13) Burglary as a Class A felony or a Class B felony (IC
35-43-2-1).
(14) Operating a motor vehicle while intoxicated causing death
(IC 9-30-5-5).
(15) Operating a motor vehicle while intoxicated causing
serious bodily injury to another person (IC 9-30-5-4).
(16) Resisting law enforcement as a felony (IC 35-44-3-3).
(b) As used in this section, "episode of criminal conduct" means
offenses or a connected series of offenses that are closely related in
time, place, and circumstance.
(c) Except as provided in subsection (d) or (e), the court shall
determine whether terms of imprisonment shall be served
concurrently or consecutively. The court may consider the:
(1) aggravating circumstances in IC 35-38-1-7.1(a); and
(2) mitigating circumstances in IC 35-38-1-7.1(b);
in making a determination under this subsection. The court may
order terms of imprisonment to be served consecutively even if the
sentences are not imposed at the same time. However, except for
crimes of violence, the total of the consecutive terms of
imprisonment, exclusive of terms of imprisonment under
IC 35-50-2-8 and IC 35-50-2-10, to which the defendant is sentenced
for felony convictions arising out of an episode of criminal conduct
shall not exceed the advisory sentence for a felony which is one (1)
class of felony higher than the most serious of the felonies for which
the person has been convicted.
(d) If, after being arrested for one (1) crime, a person commits
another crime:
(1) before the date the person is discharged from probation,
parole, or a term of imprisonment imposed for the first crime;
or
(2) while the person is released:
(A) upon the person's own recognizance; or
(B) on bond;
the terms of imprisonment for the crimes shall be served
consecutively, regardless of the order in which the crimes are tried
and sentences are imposed.
(e) If the factfinder determines under IC 35-50-2-11 that a person
used a firearm in the commission of the offense for which the person
was convicted, the term of imprisonment for the underlying offense
and the additional term of imprisonment imposed under
IC 35-50-2-11 must be served consecutively.
As added by Acts 1976, P.L.148, SEC.8. Amended by Acts 1977,
P.L.340, SEC.111; P.L.330-1987, SEC.1; P.L.164-1994, SEC.1;
P.L.304-1995, SEC.1; P.L.203-1996, SEC.7; P.L.219-1997, SEC.1;
P.L.228-2001, SEC.6; P.L.266-2003, SEC.2; P.L.71-2005, SEC.4;
P.L.213-2005, SEC.4; P.L.1-2006, SEC.549; P.L.126-2008, SEC.12.
IC 35-50-1-3
Repealed
(Repealed by P.L.305-1987, SEC.38.)
IC 35-50-1-4
Repealed
(Repealed by P.L.5-1986, SEC.61.)
IC 35-50-1-5
Postconviction remedy; imposition of penalty more severe than
originally imposed; credit for time served
Sec. 5. If:
(1) prosecution is initiated against a petitioner who has
successfully sought relief under any proceeding for
postconviction remedy and a conviction is subsequently
obtained; or
(2) a sentence has been set aside under a postconviction remedy
and the successful petitioner is to be resentenced;
the sentencing court may impose a more severe penalty than that
originally imposed, and the court shall give credit for time served.
As added by P.L.179-1984, SEC.3.
IC 35-50-1-6
Placement in secure private facility
Sec. 6. (a) Before a person who has been convicted of an offense
and committed to the department of correction is assigned to a
department of correction program or facility under IC 11-10-1, the
sentencing court may recommend that the department of correction
place the person in a secure private facility (as defined in
IC 31-9-2-115) if:
(1) the person was less than sixteen (16) years of age on the
date of sentencing; and
(2) the court determines that the person would benefit from the
treatment offered by the facility.
(b) A secure private facility may terminate a placement and
request the department of correction to reassign a convicted person
to another department of correction facility or program.
(c) When a convicted person becomes twenty-one (21) years of
age or if a secure private facility terminates a placement under
subsection (b) a convicted person shall:
(1) be assigned to a department of correction facility or program
under IC 11-10-1-3(b); and
(2) serve the remainder of the sentence in the department of
correction facility or program.
(d) A person who is placed in a secure private facility under this
section:
(1) is entitled to earn credit time under IC 35-50-6; and
(2) may be deprived of earned credit time as provided under
rules adopted by the department of correction under IC 4-22-2.
As added by P.L.79-1994, SEC.17. Amended by P.L.1-1997,
SEC.154; P.L.1-2002, SEC.151.
IC 35-50-1-7
Notifying department of name and address of victim
Sec. 7. Whenever a court commits a person to the department of
correction as a result of a conviction, the court shall notify the
department of correction of the last known name and address of any
victim of the offense for which the person is convicted.
As added by P.L.90-2000, SEC.19.